Abandonment Exemptions:


Federal Register Volume 76, Number 115 (Wednesday, June 15, 2011)


Pages 35068-35069

From the Federal Register Online via the Government Printing Office [www.gpo.gov]

FR Doc No: 2011-14639


Surface Transportation Board

Docket No. AB 101 Sub-No. 18X

Duluth, Missabe and Iron Range Railway Company; Abandonment

Exemption--in St. Louis County, MN

Duluth, Missabe and Iron Range Railway Company (DMIR), filed a verified notice of exemption under 49 CFR pt. 1152 subpart F-Exempt

Page 35069

Abandonments to abandon 1.96 miles of rail line between mileposts 0.00 and 1.96, in Duluth, St. Louis County, Minn.\1\ The line traverses

United States Postal Service Zip Code 55808.

\1\ DMIR is a wholly owned subsidiary of Canadian National

Railway Company.

DMIR has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District

Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met.

As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line

Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in

Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed.

Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will become effective on July 15, 2011, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,\2\ formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and trail use/rail banking requests under 49 CFR 1152.29 must be filed by June 27, 2011. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by July 5, 2011, with the Surface Transportation Board, 395 E Street, SW.,

Washington, DC 20423-0001.

\2\ The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's

Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption's effective date.

See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the

Board may take appropriate action before the exemption's effective date.

\3\ Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 CFR 1002.2(f)(25).

A copy of any petition filed with the Board should be sent to

DMIR's representative: Thomas J. Healey, 17641 S. Ashland Ave.,

Homewood, IL 60430.

If the verified notice contains false or misleading information, the exemption is void ab initio.

DMIR has filed a combined environmental and historic report which addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by June 20, 2011. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling OEA, at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay

Service (FIRS) at 1-800-877-8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public.

Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision.

Pursuant to the provisions of 49 CFR 1152.29(e)(2), DMIR shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by DMIR's filing of a notice of consummation by June 15, 2012, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire.

Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

Decided: June 8, 2011.

By the Board.

Rachel D. Campbell,

Director, Office of Proceedings.

Jeffrey Herzig,

Clearance Clerk.

FR Doc. 2011-14639 Filed 6-14-11; 8:45 am